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According to European Union directive 2004/83/EC, which provides minimum European standard for qualification of third country nationals or stateless persons as refugees: ‘Refugee means a third country national who, owing to a well-founded fear of being persecuted for reason of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country…’ Art. 2(c), Directive 2004/83.

Persons persecuted because of their sexual orientation or gender identity should be allowed to seek asylum in European countries. The above mentioned directive makes it clear that “a particular social group might include a group based on a common characteristic of sexual orientation”. However, NGOs working in the field of asylum are facing an increasing number of cases where international protection is denied to LGBT people actually facing persecution and threats on their lives.

*What is ILGA-Europe doing and what can we do?ILGA-Europe is determined to better monitor the implementation of EU law, in order to report violations to the European institutions. ILGA-Europe is also willing to facilitate exchanges of experience and information between LGBTI organisations dealing with asylum issues, in order to help them to frame their advocacy at national level, including their mobilisation strategies in case of emergencies.

ILGA-Europe is determined to better monitor the implementation of European Union law, in order to report violations to the European institutions. ILGA-Europe is also willing to facilitate exchanges of experience and information between LGBT organisations dealing with asylum issues, in order to help them to frame their advocacy at national level, including their mobilisation strategies in case of emergencies.